1DCA Division 4 Oral Argument - 2026/09/03 - Sep 03, 2026
argument1DCA Division 4 Oral Argument - 2026/09/03
California First District Court of Appeal
13 min
8 chapters
transcribed 14 days ago
official recording ↗
Transcript
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Transcript generated automatically by AI and may contain errors.
What are the opening procedures and appearances for the Cooper v. City of Oakland case?
Okay, good morning and please be seated. So Does the little thing in front of you say respondent or appellant? Oh, it says respondent. Usually that's the opposite way, but that's okay. You don't need to move. I'll just uh keep track of it. Okay. Um so we have one case on calendar this morning, which is uh Cooper versus City of Oakland. And I see uh that we have appellants on the screen. And so let's begin this morning by um getting appearances both from the appellants and from Uh, whichever of you two for the respondent will be arguing. So we could begin um with our appellants, please. Just state your names. And who's gonna be arguing? You you're muted, sir?
Can you hear me now?
Now we can. Thank you.
My name is Adri Cooper.
Okay. Hold on one second and let's get appearance um an appearance from counsel for the respondents. Okay. And uh let me turn back to uh Mr. Cooper and first of all, um I'd like to begin by um sharing our uh sorrow for your loss. Uh and then the first thing I would like to ask you is how much, if any, of your fifteen minutes you would like to reserve to respond to the respondents' argument? Uh maybe five minutes. Okay, great.
How does the City of Oakland frame its legal defenses regarding the crosswalk and traffic‑safety claims?
So you'll have ten minutes on the clock. You might want to keep track for yourself. Because you won't be able to see our clock here in the courtroom. And you may proceed.
Good morning. My name is Alfred Cooper. I am representing I am I am a PD as a Self re uh represent that. Together with my wife Emalia Dahava Cooper. Your honour. Our appeal comes down to three points. One of the government call Section eight thirty five. First. The air conditions. It's general condition. The second amendment completed identified a specific Intersection at eighty fifth Avenue. And San Deandre Street in Oakland. We please. The history of speedy Registered fisology. Feed it, cross. Ок. Lack of traffic cleaning measures. Community complaint.
What arguments does the Cooper family present about the faded crosswalk and driver negligence?
And silly, knowledge and notice. Second Notice and foreseeability. We are led a history of speedy. And produce that facility. At the intersection. Together with the complaint And a And sit it. Knowledge and notice. At this at the demise stage. The facture allegation was Required to be Accept there as truth. And complement. Recently and I did it. Liability constitue. Kelly. Co causes. Our daughter was struck and killed. At a very intersection. There the diner dinero. Condition were alleged. We respectfully submit These are the gations and you have being con considered together at At the Conclusion and should ha not have been
How does the court address the issue of statutory duties under Government Code §§ 835 and 838?
Front day. Resolve. And against us. And pleading. the stage before the factual uh uh development. For these reasons Your honour? We respect for it. request that the judgment be reserved and The Mara B remain it. for Or proceeding. Well thank you.
Okay. Thank you very much. And uh at this time there are no questions from the bench. We understand your arguments and we'll hear from counsel for the respondents. Good morning, Your Honors. Um at the outset, the city would like to acknowledge that although we dispute the Cooper's arguments on appeal, we recognize the profound loss they've suffered and extend our condolences for the tragic death of their daughter. However, the city reiterates that despite these circumstances, the Coopers have failed to identify any legal error that would justify reversal of the trial court's ruling. Their third attempted complaint asserts no legally cognizable basis for recovery against the city. Nor do the Coopers identify any additional facts they can allege to cure this deficiency on what would be an extraordinary fourth opportunity to amend.
Um, I can address some of the points they've raised if that would be helpful to the court, but I'd also like to focus my time on addressing any questions the court may have. The Coopers pointed to Uh argue that they've sufficiently alleged a dangerous condition claim, pointing back to the allegations that were in there. Second amended complaint, their third attempted complaint. The trial court has already determined that those uh allegations are not sufficient to state such a claim. They point to speeding, but speeding is not a condition of property.
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Chapters
8 chapters
1
What are the opening procedures and appearances for the Cooper v. City of Oakland case?
0:06–2:02
2
How does the City of Oakland frame its legal defenses regarding the crosswalk and traffic‑safety claims?
2:02–3:18
3
What arguments does the Cooper family present about the faded crosswalk and driver negligence?
3:18–4:29
4
How does the court address the issue of statutory duties under Government Code §§ 835 and 838?
4:29–6:14
5
What questions does the bench raise about the sufficiency of the Cooper’s pleadings?
6:14–8:06
6
How do the parties respond to the bench’s inquiries and clarify the factual record?
8:06–10:05
7
What are the final oral arguments and relief sought by the Cooper family?
10:05–11:49
8
What does the court say about the next steps and when a decision will be issued?
11:49–13:16
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